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[Document 95 — 1897.] 




MAYOR'S MESSAGE 



TRANSMITTING 



A COPY OF THE WILL OF BENJAMIN FRANK- 
LIN AND PROCEEDINGS OF TRUSTEES xlND 
COURTS RELATING THERETO. 



City of Boston. 
Office of the Mayor, City Hall, 

May 13, 1897. 
To the City Council: 

I transmit herewith a copy of the will of Benjamin Frank- 
lin, with i)roceedinos relatino; thereto, which have been 
prepared by the Law De|)artment in connection with the 
recent proceedings in the Probate C'ourt, which have now re- 
sulted in the appointment by the Court of a board of trustees 
consisting of Henry L. Higginson, Francis C. Welch, A. 
Shuman,"and Charles T. Gallagher, and of the ministers of 
the three churches named in the will ; namely, Charles W. 
Duane, Stopford W. Brooke, and Alexander K. MacLennan. 
I recommend that this will, with accompanying papers, be 
printed as a city document. 

Respectfully submitted, 

JOSIAH QUINCY, 

Mai/or. 

In Common Council, May 13, 1897. 
Ordered to be printed and sent up. 

Attest : Joseph O'Kane, 

Clerk of the Common Council. 



THE WILL 



BENJAMIN FRANKLIN 



PROCEEDINGS OF TRUSTEES AND COURTS 
RELATING THERETO 



BOSTON 
ROCKWELL AND CHURCHILL, CITY PRINTERS 
1S97 



WILL AND CODICIL. 



BENJAMIN FRANKLIN DIP:D IN PHILADELPHIA APRIL 17, 1700, 
AND THE FOLLOWING WILL AND CODICIL WERE AD- 
MITTED TO PROBATE IN THE ORPHANS' COURT OF 
PHILADELPHIA COUNTY, APRIL 23, 1790: 

I, Benjamin Franklin of Philadelphia, Printer, late Minis- 
ter Plenipotentiary from the United States of America to the 
Court of France, now President of the State of Pennv"*. do 
make and declare my last Will and Testament as follows : 

To my Son William Franklin late Governor of the Jerseys 
I give and devise all the Lands I hold or have a Right to in 
the Province of Nova Scotia, to hold to him his Heirs and 
Assigns forever, I also give to him all my books and papers 
which he has in his Possession and all Debts standing against 
him on my Account Books, willing that no Payment for nor 
Restitution of the same be required of him by my Executors, 
The part he acted against me in the late War which is of 
public Notoriety will account for my leaving him no more 
of an Estate he endeavored to deprive me of. — Having 
since my return from France demolished the three houses in 
Market Street, between third and fourth Streets, fronting my 
dwelling House and erected two new and larger Houses on 
the Ground and haviiiij also erected another House on the 
Lot which formerly was the Passage to my Dwelling, and 
also a Printing Office between my Dwelling and the Front 
Houses now I do give and devise my said Dwelling House 
wherein I now live, m}^ said three new Houses, my Printing 
Office and the Lots of Ground thereto respectively belong- 
ing, also my small House and Lot in Sixth Street which I 
bought of the Widow Hunmarsh, also my Pasture Ground 
which I have in Hickory Lane with the Buildings thereon, 
also my House and Lot on the North side of Market Street 
now occupied by iSlary Jacobs together with two Houses and 
Lots behind the same and fronting on Pewter Platter Alley 



6 City Document No. 95. 

also my Lot of Ground in Arch Street opposite the Church 
Burying Ground, with the Buildings thereon Erected, also all 
my Silver Plate Pictures and Household Goods of every kind, 
now in my said Dwelling House to my Daughter Sarah Bache 
and to her husband, Eichard Bache, to hold to them for and 
during their natural Lives and the life of the longest liver 
of them, and from and after the decease of the Survivor of 
them I do give devise and becjueath the same, to all Children 
already born or to be born of my said Daughter and to their 
Heirs and Assigns forever, as Tenants in Common and not 
as Joint Tenants. And if any or either of them shall happen 
to die under Age and without Issue the Part and Share of 
him her or them so dying shall go to, and be equally divided 
among the Survivors or Survivor of them. But my intention 
is that if any or either of them should happen to die under 

CB. Franklin) 
Age leaving Issue, such Issue shall inherit the Part and Share 
that would have passed to his her or their Parent, had he she 
or they been living. And as some of my said Devisees may at 
the Death of the survivor ot their Father and jVIother lie of 
Age, and others of them under Age so as that all of them may 
not be of Capacity to make Division, I in that case request 
and authorize the Judges of the Supreme Court of Judicature 
of Pennsylvania, for the Time being, or any three of them not 
personally interested to appoint by Writing under their Hands 
and Seals three honest intelligent injpartial Men, to make 
the said Division, and to assign and allot to each of my 
Devisees their respective Share, which Division so made and 
committed to Writing under the Hands and Seals of the said 
three Men, or of any two of them, and confirmed by the said 
Judges, I do hereby declare shall be binding on and conclu- 
sive betw^een the said Devisees. 

All the Lands near the Ohio, and the Lots near the Centre 
of Philadelphia, which 1 lately purchased of the State, I give 
to my Son in Law Richard Bache his Heirs and Assigns for- 
ever ; I also give him the Bond I have against him of Two 
thousand one Hundred and Scventj^-two Pounds five Shil- 
lings together with the Interest that shall or may accrue 
thereon, and direct the same to be delivered up to him by 
my Executors cancelled ; requesting that in Consideration 
thereof, he would immediately alter my Decease, manumit 
and set free his Negro Man Bob ; I leave to him also the 
Money due to me from the State of Virginia for Types ; I 



Will of Benjamin Franklin. 7 

also give to him the Bond of William Goddard and his Sister, 
and the Counter Bond of the late Robert Grace and the Bond 
and Judgment of Francis (Jhilds if not recovered before my 
Decease or any other Bond then due except the Bond due 
from Killan of Delaware State, which I give to my 

Grandson Benjamin Franklin Bache ; I also discharge him 
my said Son in Law from all Claim of Rent and Monies due 
to me on Book Account or otherwise, I also give him all 
my Musical Instruments. 

The King of France's Picture set with Four hundred and 
eight Diamonds, I give to my Daughter Sarah Bache request- 
ing however that she would not form any of those Diamonds 
into Ornaments either for herself or Daughters and thereby 
introduce or countenance the expensive vain and useless 
Fashion of wearing Jewels in this Country ; and that those 
immediately connected with the Picture may be preserved 
with the same. 

I give and devise to my dear Sister Jane Mecom a House 
and Lot, I have in Unity Street Boston, now or late under the 
Care of M"". Jonathan Williams, to her and to her Heirs and 
Assigns forever. I also give her the Yearly Sum of Fifty 
Pounds Sterling during Life, to commence at my Death, and 
to be paid to her annually out of the Interest or Dividends 
arising on twelve Shares which I have since my arrival in 
Philadelphia purchased in the Bank of North America, and 
at her Decease I give the said twelve Shares in the Bank, to 
my Daughter Sarah Bache and her Husband Richard Bache. 
But it is my express Will and desire that (B. Franklin) 
after Payment of the above Fifty Pounds Sterling annually 
to my said Sister that my said Daughter be allowed to apply 
the residue of the Intei'est or dividends arising on those shares 
to her sole and separate Use during the Life of my said Sister, 
and afterwards the whole of the Interest or dividends thereof 
as her private Pocket Money. 

I give the Right I have to take up Three thousand Acres 
of Land in the State of Georgia granted to me by the Gov- 
ernment of that State, to my Grandson William Temple 
Franklin his Heirs and Assigns forever ; I also give to my 
Grandson William Temple Franklin the Bond and Judgment 
I have against him of Four thousand Pounds Sterling ; my 
Ri<rht to the same to cease upon the Day of his Marriage, and 
if he dies unmarried my will is that the same be recovered 
and divided among my other Grandchildren, the Children of 



8 City Document No. 95. 

my Daughtor Sarah l>achc, in such luanner and t'oi'in as I have 
herein before given to llieni the other parts of my Kstat(>. 

The rhih)so[)hieal Instruments I have in Phila(lel})hia [ 
give to my ingenious Friend Francis Ilopkinson. 

To the Children Grand Chihlren and Great Grand Children 
of my Brother Sanmel Franklin that may l)e living at the 
Time of my Decease I give Fifty Pounds Sterling to be equally 
divided among them. 

To the Children Grand Children and Great Grand Children 
of my Sister Ann Harris that may be living at the Time of 
my Decease 1 give Fifty Pounds Sterling to be cijually 
divided among them. 

To the Children, Grand Children and Great Grand Children 
of my Brother James Franklin, that may be living at the 
Time of my Decease, I give Fifty Pounds Sterling to be 
equally divided among them. 

To the Children, (irand ( 'hildren and Great Grand ( 'hiidren 
of my Sister Sarah Davenjjort that may be living at the Time 
of my Decease, 1 give P'ifty Pounds Sterling to be e((ually 
divided among them. 

To the Children, Grand Children and Great Grand Children 
of my Sister Lydia Scot that may be living at the Time of 
my decease I give Fifty Pounds Sterling to be equally 
divided among them. 

To the Children Grand Children and Great Grand Children 
of my Sister Jane Mecom that may be living at the Time of 
m^^ Decease 1 give Fifty Pounds Sterling to be equally divided 
among them. 

I give to my GrandSon Benjamin Fraid<lin IJache all the 
Tvpes and Printing iALiterials which 1 now have in Philadel- 
phia with the compleat Letter Foundery, which in the whole 
I suppose to be worth near One Thousand Pounds ; but if 
he should die under Age and without Children then I do 
order the same to be sold by my Executors, the Survivors 
or Survivor of them, and the Monies thence arrising to be 
equally divided among all the rest of my said Daughters 
Children or their representatives, each one on coming of Age 
to take his or her Sliare, and the Children of such of them as 
may die under Age to represent and to take the Share and 
Proportion of the Parent so dying each one to receive his 
or her Part of (B. Franklin) such Share as they come of 
Age. 

With regard to my Books those I had in France and those 



Will of Benjamin Franklin. 9 

I left in Philadelphia being now assembled together here and 
a Catalogue made of them, it is 1113' intention to dispose of the 
same as follows : 

My History of the Academy of Sciences in Sixty or Seventy 
Volumes quarto 1 give to the Philosophical Society of Phila- 
delphia of which I have the Honor to be President. 

My Collection in Folio of Les Arts and Les Metiers, I give 
to the American Philosophical Society established in New 
England of which I am a Member. 

My quarto Edition of the same Arts and Metiers I give to 
the Library Company of Philadelphia. 

Such and so many of my Rooks as I shall mark on the said 
Catalogue with the name of my Grandson Benjamin Franklin 
Bache I do hereby give to him ; and such and so many of my 
Books as I shall mark on the said Catalogue with the Name 
of my Grandson William Bache, I do hereby give to him ; 
and such as shall be marked with the Name of Jonathan 
Williams, I herel)v give to my Cousin of that Name. The 
residue and remainder of all my Books, Manuscripts and 
Papers, 1 do give to my Grandson AVilliam Temple Franklin. 

My Share in the I>(il)rary Company of Philadelphia I 
give to my Grandson Benjamin Franklin Bache, confiding 
that he will permit his Brothers and Sisters to share in the 
Use of it. 

I was born in Boston, New England, and owe my first 
Instructions in Literature to the free Grammar Schools estab- 
lished there ; I therefore <2;ive One hundred Pounds Sterlings 
to my Executors to be by them, the Survivors or Survivor of 
them, paid over to the Managers or Directors of the free 
Schools in my native Town of Boston, to be by them, or 
those Person or Persons, who shall have the superintendance 
and Management of tlie said Schools, put out to Interest, and 
80 continued at Interest foreever, which Interest annually 
shall be laid out in Silver Medals, and given as honorary 
Rewards anually by the Directors of the stiid Free Schools 
for the encouragement of Scholarship in the said Schools, 
belonging to the said Town, in such manner as to the 
Discretion of the Select Men of the said Town shall seem 
meet. 

Out of the Salary that may remain due to me as President 
of the State I do give the Sum of Two Thousand Pounds to 
my Executors, to l)e by them, the Survivors or Survivor of 
them, paid over to such Person or Persons, as the legislature 



10 City Document No. i)'). 

of this State, by an Act of As8eml)ly nliall apixiint to rocoivc 
the (B. Franklin) sanio In Ti'iust to he eniph)_yetl for making 
the River Schuylkill Navigable. 

And what Money of mine shall at the Time of my Decease 
remain in Hands of my Baidcers Mess''. Ferdinand Grand 
and Son at Paris, or Mess''. Smith Wright and (iray of 
London 1 will that after my debts are [)aid and deducted with 
the Money Legacies of this my Wdl, the same be divided 
into four equal Parts, two of which, I give to my dear 
Daughter Sarah Bache, one to her Son Benjamin and one to 
my (irandson \\'illiam Temple Franklin. 

During the NumlxM- of Years I was in Business as a Sta- 
tioner, Printer and Postmaster a great many small Sums 
became due to me for Books, Advertisements, Postage of 
Letters, and other Matters, wdiich were not collected, w^hen in 
1757 I was sent by the Assembly to Kuglaud as their Agent, 
and by substM|uent appointments continued there until 1775, 
when on my retuin 1 was innnediately engaged in the Affairs 
of Congress and sent to France in 1776, wdiere I remained 
Nine Years, not returning till 17<S5 ; and the said Debts not 
being demanded in such a Ijeugth of Time aiv l)ecome in a 
niamuM- absolute, yet are nevertheless justly due : These as 
they are stated in my great Folio Leger E. I beciueath to 
the Contri!)utors to the Pennsylvania Hospital, hoping that 
thosc^ De])tors and the Descendants of such as are deceased, 
who now as I tiud mak(^ some Dilliculty of satisfying such 
antiquated Demands, as just Debts, may however be induced 
to i)ay or giv(^ them as Charity to that excellent Institution. 
I am scnsil)l(^ that much must inevitably be lost, but I 
hope something considerable may b(^ recnvvered. It is possi- 
ble too, that som(^ of th(> parties charged may have existing 
old unsettled Accounts against me ; in which case the Mana- 
gers of the said Hospital will allow and deduct the amount, 
or pay the Ballance if they find it against me. 

My Debts and Legacies being all satistied and paid the rest 
and residue of all my Estate real and P(>rsonal not herein 
expressly disposed of, I do give and b(M|uealh to my Son 
and Danghter, Kiuhard and Sarah Bache. 

I request my Friends Henry Hill Es(|uire fJohn Jay Esquire 
Francis IT()|)kins()n, Es(juire, and Mr. Edward Duffield of 
Benlield, in Philad(^lphia County, to be the Exeiudors of this 
my last Will and Testament ( B. Franklin) and I hereby 
nominate and appoint them for that purpose. 



"Will or Benjamin Franklin. 11 

I would have my Body buried with as little Expense or 
Ceroinony as may he. 

I revoke all former Wills by me made, declaring this only 
to be nly last. 

In Witness wdiereof, I have hereunto set my Hand and Seal 
this Seventeenth day of July in the Year of ouu Lord, One 
Thousand seven Hundred and Eighty-eight. 

B. Franklin [Seal.] 
Signed sealed pul)lished and declared by the above nnmed 
Benjamin Franklin for and as his last Will and Testament in 
the presence of us. (The Words "my Right to the same 
to cease upon the Day of his Marriage " being w^ rote on an 
Erazure and the AVords "" of the said Town" being interlined. 

Ab°'. Shoemaker, aifirmed 

John Jones, sworn George Moore 

John Jones, Abraham Shoemaker, two of the Witnesses 
and Francis Hopkinson Edw*^. Dutfield two of the Executors 
Sworn & Henry Hill Enq'. another Ex'or affirm'd the 23". 
day of April 1790 Before me 

Geo. Campbell, Reg*". 

I, Benjamin 'Franklin, in the foregoing or annexed last 
Will and Testament named, having further considered the 
same, do think proper to make and jjublish the following 
Codicil or Addition thereto. 

It having long been a fixed political opinion of mine, that 
in a demociatical State, there ought to be no Offices of Profit, 
for the reasons I had given in an Article of my drawing in 
our (Constitution, it was my intention when I accepted the 
Office of President to devote the appointed Salary to some 
public Uses, accordingly I had already before I made 
my Will in July last, given large Sums of it to Colleges, 
Schools, Building of Churches &c and in that Will I be- 
queathed Two thousand Pounds more to the State for the 
purpose of making Schuylkill navigable : But understanding 
since, that such a Sum will do but little toward accomplish 
such a Work and that the i)roject is not likely to be under- 
taken for many Yenrs to come; and having entertained 
another Idea, that I hope may be more extensively useful, I 
do hereby revoke and annul that Bequest, and direct that the 
(B. Franklin) certificates I have for what remains due to me 
of that Salary be sold towards raising the Sum of Two 



12 City Document No. 95. 

thousand Pounds Sterling, to be disposed of as I am now 
about to order. 

It has l)een an opinion that he who receives an Estate from 
his Ancestors, is under some kind of ol)ligation to transmit 
the same to their Posterity : This Obligation does not lie on 
me, who never inherited a Shilling from any Ancestor or 
Relation : I shall however, if it is not diminished by some 
accident before my Death, leave a considerable Estate among 
my Descendants and Relations. The above observation is 
made merely as some apology to my Family, for my making 
Bequests that do not appear to have any immediate relation 
to their advantage. 

I was l)orn in Boston, New England and owe my first 
instructions in Literature, to the free Grammar Schools estab- 
lished there : I have therefore already considered those 
Schools in my Will. But I am also under obligations to the 
State of the Massachusetts, for having unasked appointed me 
formerly their Agent in Enghind with a handsome Salary: 
which continued some years : and altlio' I accidently lost, 
in their service, by transmitting (Governor Hutchinson's 
Letter nuich more than the amount of what they gave me, I 
do not think that ought in the least to diminish my Gratitude. 

I have considered that among Artisans good xVpprentices 
are most likely to make good Citizens, and having myself 
been lired to a manual Art Printing, in my native Town, and 
afterwards assisted to set up my business in Philadelphia by 
kind loan of Money from two Friends there, which was the 
foundation of my Fortune, and of all the utility in life that 
may be ascribed to me, I wish to be useful even after my 
Death, if possible, in forming and advancing other young 
men that may be serviceable to their Country in both those 
Towns. 

To this End I devote Two thousand Pounds Sterling, which 
I give, one thousand thereof to the Inhabitants of the Town 
of Boston, in Massachusetts, and the other thousand to the 
InhaJ>itants of the City of Philadelphia, in Trust to and for 
the Uses, Interests and Purposes hereinafter mentioned and 
declared. 

The said sum of One thousand Pounds Sterling, if accepted 
by the Inhal)itants of the Town of Boston, shall be managed 
under the direction of the Select jNIen, united with the Minis- 
ters of the oldest e})iscopalian. Congregational and Presby- 
terian Churches in that To^vn : who are to let out the same 



Will of Benjamin Franklin. io 

upon Interest at live per cent per Annum to such young 
married artificers, under the Age of twentj'-iive years, as have 
served an Apprenticeship in the said Town, and faithfully ful- 
filled the Duties required in their Indentures, so as to obtain 
a good moral Character from at least two respectable Citizens, 
who are willing to l)ecome their Sureties in a Bond with the 
Applicants for the Repayment of the Monies so lent with 
Interest according to the Terms herein (B. Franklin) after 
prescribed. All which Bonds are to be taken for Spanish 
milled Dollars or the- value thereof in current Gold Coin. 
And the ^Managers shall keep a bound Book or Books wherein 
shall be entered the Xames of those who shall apply and 
receive the benetit of this Institution and of their Sureties, 
together with the Sums lent, the Dates and other necessary 
and proper Records, respecting the Business and Concerns of 
this Institution. And as these Loans are intended to assist 
young married Artificers in setting up their Business, they" 
are to be proportioned l)y the discretion of the ]Managers, so 
as not to exceed Sixty Pounds Sterling to one Person, nor 
to be less than Fifteen Pounds. And if the number of 
Appliei's so entitled should be so large, as that the sum will 
not suffice to afford to each as much as might otherwise not 
be improper, the proportion to each shall be diminished so 
as to afford to every one some Assistance. These aids may 
therefore be small at first ; but as the Capital increases by 
the accumulated Interest, they will be more ample. And in 
order to serve as many as possil)le in their Turn, as well as 
to make the Repayment of the principal borrowed more easy, 
each Borrower shall be oblised to pay with the yearly Interest, 
one tenth part of the principal, which Sums of Principal 
and Interest so paid in, shall be again let out to fresh Bor- 
rowers. And as it is presumed that there will always be 
found in Boston virtuous and benevolent Citizens willing to 
bestow a part of their Time in doing good to the rising- 
Generation l>y Superintending and managing this Institution 
gratis, it is hoped that no part of the Money will at any time 
lie dead or be div^erted to other purposes, but l)e continually 
augmenting by the Interest, in which case there may in time 
be more than the occasions in Boston shall require and then 
some maybe spared to their Neighboring or other Towns in 
the said State of Massachusetts who may desire to have it, 
such Towns engaging to pay ]3unctually the Interest and the 



14 CiTv Document No. 95. 

Portions of the principal ainiually to the Inhabitants of the 
Town of Bof^ton. 

If this Plan is executed and succeeds as projected without 
interruption for one hundred Years, the Sum will then be one 
hundred and thirty one thousand Pounds of Avhich I woukl 
have the INIanagers of the Donation to the Town of l^oston, 
then hiy out at their discretion one lumdred thousand Pounds 
in Public Works which may l)e judii'cd of most o(Mi(n"al utility 
to the Inha])itants such as Fortifications, Bridges Aqueducts, 
Public Buildiniis, Baths, l^ivenients or whatever may make 
living in the Town more convenient to its People and render 
it more agreeable to Strangers, resorting thither for Health 
or a temporary residence. The remaining thirty one thou- 
sand Pounds, I would have continued to be let out on Interest 
in the maimer above directed for another hundred Years, as 
I hope it will have been fouiul that the Institution has had a 
good effect on the conduct of Youth, and been of Service to 
many worthy Character and useful C/itizens. At the end of 
this second Term, if no unfortunate accident has prevented 
the (B. Franklin) operation the Sum will be Four Millions 
and Sixty one thousand Pounds Sterling, of which I leave 
one Million sixty one Thousand Pounds to the I)is|)ositi()ii of 
the Inhabitants of the Town of Boston and Three iNIillionsto 
the disposition of the Government of the State, not presum- 
ing to carry my views farther. 

All the (linH'tions herein given respecting the Disposition 
and Management of the Donation to the Inhabitants of lioston, 
I would have observed res})ecting that to the lidiabitants of 
Philadelphia: only as Philadelphia is incorporated, I request 
the Corporation of that City to undertake the ]\Ianagement 
agreeable^ to the said Directions and I do hereby vest them 
with full and anq)le J'owers for that ])urpose ; a,nd having 
considered that the covering its Grand Plat with Buildings 
and Pavements, which carry off most of the Rain and prevent 
its soaking into the Earth and renewing and j)urefying the 
Springs, whence the Water of the A\'ells must gradually 
grow worse, and in time be untit for use, as I tind has haj)- 
pened in all old Cities, I reconunend that at the end of the 
first hundred Y^ears, if not done before, the Corporation of 
the City employ apart of the Hundred thousand Pounds in 
bringing by Pipes the Water of AVissahickon Creek into the 
Town, so as to sui)ply the Inhabitants which I apprehend 
may be done without great difficulty, the level of that Creek 



Will of Benjamin Franklin. 15 

being much above that of the City and may be made higher, 
by a Dam, I also recommend making the Schuylkill com- 
pleatly navigalde. At the end of the Second Hundred Years, 
1 would have the disposition of the Four IMillion and Sixty 
one thousand Pounds divided between the Inhabitants of the 
City of Philadelphia and the Government of Pennsylvania, in 
the same manner as herein directed with respect to that of the 
Inhabitants of Boston and the Government of Massachusetts. 

It is my desire that this Institution should take place and 
begin to operate within one year after my decease ; for which 
purpose due Notice should be publickly given previous to the 
expiration of that Year, that those for whose Benefit this 
establishment is intended may make their respective appli- 
cations ; And I hereby direct my Executors, the survivors or 
survivor of them, within six Months after my decease, to pay 
over the said Sum of Two thousand Pounds Sterling, to 
such Persons as shall be duly appointed by the Select Men 
of Boston and the Corporation of Philadelphia, to receive 
and take charge of their respective Sums of One thousand 
Pounds each, for the Purposes aforesaid. 

Considering the accidents to which all human Affairs and 
Projects are subject in such a length of Time, I have perhaps 
too much flattered myself with a vain Fancy, that these Dis- 
positions, if carried into execution, will l)e continued with- 
out interruption, and have the Etfects proposed : I hope how- 
ever that if the Inhabitants of the two Cities should not think 
fit to undertake the execution they will at least accept the 
ofier of these Donations as a Mark of my good-Will, a token 
of my Gratitude and a (B. Franklin) Testimony of my 
earnest desire to be useful to them even after my departure. 
I wish indeed that they may both undertake to endeavour the 
Execution of the Project : because I think that tho' unforseen 
Difliculties may arise, expedience will be found to remove 
them, and the Scheme be found practicable : If one of them 
accepts the Money with the Conditions and the other refuses : 
my Will then is that l)oth Sums be given to the Inhabitants of 
the City accepting the whole ; to be applied to the same pur- 
poses and under the same Regulations directed for the sepa- 
rate Parts : and if both refuse, the Money of course remains 
in the Mass of my Estate and is to be disposed of therewith 
according to my Will made the seventeenth day of July 1788. 

I wish to be buried by the Side of my Wife if it may be, 
and that a marble Stone to be made by Chambers, six feet 



IG City Document No. 95. 

long and four feet wide, })lain, with only a small Moulding 
round the upper Edge and this Inscri})tion. 

BENJAMIN ) 

AND } FRANKLIN 
DEBORAH ) 

17S. To he placed over us l)oth. 

My fine Crabtree Walking Stick with a Gold Head Curi- 
ously wrought in the Form of the Cap of Liberty I give to 
my Friend and the Friend of Mankind General AN'ashington. 
If it were a Sceptre he has merited it, and would become it. 
It was a present to me from that excellent Wouian Madame 
de Forbach, the Dowager Duchess of Deux Fonts, counected 
with some verses which should go with it. 

I give my Gold \V'alch to my Son in Law Richard Bache 
and also my Gold Watch Chain of the Thirteen United States 
which I have not yet worn. 

M}^ Timepiece that stands in my Library I give to my 
Grandson William Temple Franklin, I give him also my 
Chinese Gong. 

To my dear old Friend Mrs. Mary Ilewson, I give one of 
my Silver Tankards marked for her Use during her 

Life and after her decease I give it to her Daughter Eliza. I 
give to her SonAVilliani Ilewson, who is my (Jodson my new 
Quarto Bible, Oxford Edition, to be for his Family liible; 
and also the Botanic Description of the Plants, in the 
Emperor's Garden at Vienna, in folio with Coloured Cuts. 
And to her Son Thomas Hewson, I give a Set of Spectators, 
Tatlers and Guardians handsomely bound. 

There is an Error in my Will where the Bond of William 
Temple Franklin is mentioned as l)eing for four thousand 
Pounds Sterling whereas it is but for three thousand tiye 
hundred Pounds. 

I give to ui}^ Executors, to l)e divided (Mjually among those 
that act, the sum of Sixty l*ounds Sterling as some comj)en- 
sation for their Trouble in the execution of my AVill ; And I 
request my Friend Mr. Duffield to accept moreover my 
French AVayweiser, a piece of Clock AVork in Brass to l)e 
fixed to the Wheel of any Carriage, And that my Friend Air. 
Hill may also accept my Silver Cream Pot, formerly given to 
me by the good Dr. Fothergill with (B. Franklin) the Alotto 
"kee}) l)right the Chain." My reflecting Telescope made by 



Will of Benjamin Franklin. 17 

Short, which was former)}^ M"". Cantons, I give to my friend 
Mr. David Rittenhouse, for the Use of his Observatory. 

My Picture drawn by Martin in 1767. I give to the 
Supreme Executive Council of Pennsylvania if they shall be 
pleased to do me the Honour of accepting it, and placing 
it in their Chamber. 

Since m}^ Will was made I have bought some more City 
Lots near the Center, part of the Estate of Joseph Dean : I 
would have them go with the other Lots disposed of in my 
Will and I do give the same to my Son in Law Richard Bache 
his Heirs and Assigns forever. 

In Addition to the Annuity left to my Sister in my Will 
of Fifty Pounds Sterling during her Life, I now add thereto 
Ten Pounds Sterling more in order to make the Sum Sixty 
Pounds. 

I give Twenty Guineas to my good Friend and Physician 
Dr. John Jones. 

With regard to the separate Bequests made to my Daugh- 
ter Sarah in my AVill my intention is, that the same shall be 
for her sole and separate Use, notwithstanding her Coverture, 
or whether she l)e covert or sole, and I do give my Executors 
so much Right and Power therein as may be necessary to 
render my intention effectual in that respect only. This 
provision for my Daughter is not made out of any disrespect 
I have for her Husband. 

And lastly, it is my desire, that this my present Codicil be 
annexed to and considered as part of my last Will and Tes- 
tament to all Intents and Purposes. 

In Witness whereof I have hereunto set my Hand & Seal 
this twenty third Day of June, Anno Domini One thousand 
seven hundred and eighty nine. 

B. Franklin [Seal] 
Signed, Sealed, published and declared by the above named 
Benjamin Franklin to be a Codicil to his last Will & Testa- 
ment in the Presence of us. 

Francis Bailey, aff' d 
Thomas Lang, atf'd 
Ab*'. Shoemaker, aff'd 

Francis Bailey, Thomas Lang and Abraham Shoemaker 
Witnesses to the foregoing Codicil on their Solemn Affirma- 
tions do declare and say that the}^ were present and saw and 
heard Beniamin Franklin the Testator sian and seal and 



18 City Document No. i)5. 

publish pronounce and declsire the same as and for a Codicil 
to his last Will and Testament and at the doing thereof he 
was of sound and disposing Mind Memory and Understand- 
ing to tlie best of their knowledge and belief. 

Affirmed the 23\ day of April 1790. Before 

Geo. Campbell, Reg'. 

The foregoing AVill being Proved Probate was granted 
unto Francis Hopkinson, Edward Dnffield &, Henry Hill three 
of the Executors in said Testament named (the other Execu- 
tor John Jay being absent) being lirst duly sworn and 
affirmed truly to perform the same, exhibit a true Inventory 
and render a just and true Account when thereto lawful 
required. Given under my Hand c^ the Seal of the Office 
the day and date afores'\ 

Geo. Campbell, Keg'. 

COMMONWEALTH OF PENNSYLVANIA, ) ^^. 

City and County of Philadelphia, 5 " 

Register's Office, February 17th, 1896. 
I; ELI AS P. SMITHERS, Register of Wills and ex- 
officio Clerk of the Orphans' Court for the City and County 
of Philadelphia, in the Commonwealth of Philadelphia, do 
hereby certify the foreiroing to be a true and accurate copy 
of the last Will and Testament and Codicil thereto of Ben- 
jamin Franklin, deceased, together with the probate thereof 
upon which Letters Testamentary were granted unto Francis 
Hopkinson, Edward Duffield and Henry Hill on the 23'^ day 
of April, AD. 1790 as the same remains on hie and of record 
in this office. 

In Testimony Whereof, I have hereunto set my 
hand and official seal at Philadelphia the date 
SEAL )) above. 

Elias p. Smitheus, 

Register of Wills and ex-ojicio Clerk of Orphans' Court. 

STATE OF PENNSYLVANIA, ) ^^ 

Philadelphia County, 5 ' 

T, ^\"TLLTA:\I B. IIANNA, President Judsre of the 
Orphans' Court of Plnladelphia County, DO CERTIFY, that 
the foresfoino- Certificate and Attestation, made by ELIAS P. 
SMITHERS, Esq., Register of Wills and ex-offi"cio Clerk of 




Will of Benjamix Franklin. 19 

said Orphans' Court, whose name is thereto sul^scrihed and 
seal of his office affixed, are in due form and made by the 
proper officer. 

Ix Testimony Whereof, I have hereunto set my hand, 
this 17th day of February in the Year of our Lord one thou- 
sand eight hundred and iiinetv-six [1896]. 

Wm. B. Haxna, [L. S.] 

President Judge. 



ss. 



STATE OF PENNSYLVANIA 

Philadelphia County, 

I, ELIAS P. SMITHERS, Esq., Register of AYills and 
ex-officio Clerk of the Orphans' Court of Philadelphia County, 
DO CERTIFY, that the Honorable WILLI A:\I JB. 
HANNA, by whom the foregoing Attestation was made, and 
who has thereunto subscribed his name, was, at the time fo 
making thereof, and still is, President Judge of the Orphans' 
Court of Philadelphia County, duly commissioned and sworn ; 
to all whose acts, as such, full faith and credit, are and 
ought to be given, as well in Courts of Judicature as else- 
where. 

In Testeviony Whereof, I have hereunto set my hand 
and affixed the seal of the said Court, this 17th day of Feb- 
ruary in the year of our Lord one thousand eight hundred 
and ninety-six [1890]. 

Eli AS P. Smithers, 

Register of Wills and ex-officio Clerk of the Orphans' Court. 



20 CrxY Document No. 95. 

Soon after the death of Franklin information of his be- 
quests to the Town of Boston was eommunicated to the 
Selectmen, and the Records of the Town disclose the follow- 
ing action on the subject : 

At a meeting of the Freeholders and other inhabitants of 
the Town of Boston duly qualified and legally warned in 
Publick Town Meeting held at Faneuil Hall on Tuesday, the 
18th of May, 1790. 

Extracts from the Will of the late Docf. Franklin having 
been laid before the Town, it was Moved that the Selectmen 
be desired to call a meeting of the Town as speedily as may 
be, to take the same into consideration.* 

At a meeting of the Selectmen, May 19, 1790. 

On motion, Voted that Messrs. Price, Edwards, and Col. 
Crafts be a committee to take Dr. Franklin's Will into con- 
sideration, and report to the Board what they apprehend will 
be proper to be done by the Town on the occasion. 

The Town at their late meeting having desired the Select- 
men to call a meeting as speedily as may be for the })urpose 
of taking Dr. Franklin's Will into consideration: 

The Town Clerk is directed to issue a warrant for a Town 
Meeting on Tuesday next, S o'clock P. M.f 

At a meeting of the Freeholders and other inhabitants of 
the Town of Boston duly qualitied and legally warned in 
publick Town Meeting assembled at Faneuil Hall on Tues- 
day, the 25th of May,' A. D. 1790. 

Warrant for calling the meeting read. Hon'. Thomas 
Dawes, Esq. chosen Moderator by Hand vote. 

A letter from Doct. Franklin's Executors was laid before 
the Town by the Selectmen, as also Extracts of the Doctor's 
Will relative to his Donations to the Town of £100 and of 
£1000 sterling, and the same having been read and con- 
sidered, it was 

Voted, That the Town do accept of the said Donations of 
£100 and £1000 sterling on the Terms and for the purposes 
expressed in said AVill. On motion 

Voted, That a committee be appointed to take up this 
matter at large, and to report to the Town what further votes 
may be proper to be passed thereon. Also 

* Town Eecords, vol. 8, pape 171. 

t Selectmen's minutes for 1790, page 220. 



Will of Benjamin Franklin. 21 

Voted, That the Hon''. Thomas Dawes, Esq., Ezekiel Price, 
Esq., William Tudor, Esq., Hon'. Stephen Higginson, Esq., 
Hon'. Thomas Dawes, Jr., Esq., be a committee for the pur- 
pose aforesaid. I 

At an adjourned meetiuof of the Town held on Tuesday, 
June 1st, A. D. 1790. 

The Committee a[)pointed to take into consideration what 
Vote may be propper to be passed relative to the Donations 
of the late celel)rated Doctor Benj'^. Franklin to this Town. 

Report, That a fair copy of the following draft of a Letter 
to the Executors of the Doct^ be made and signed by the 
Town Clerk in the name of the Town, and sent to said 
Executors : 

Gentlemen : 

Boston, June 1, 1790. 

We, the inhabitants of the Town of Boston, in Town Meet- 
ing assembled, now transmit to you our vote of acceptance 
of the Two bequests of your testator, the most venerable Dr. 
Benjamin Franklin. 

The many useful designes projected by that great man, 
during a Long and Valuable Life, perhaps even more than 
his exalted Tallents as a Patriot, Statesman and Philosopher, 
must endear his Memory To Americans ; while they, in a 
more particular manner, reflect Honor upon the Town of 
Boston, which gave him Birth and Education. 

Every step to carry into full effect his benevolent plan will 
be cheerfully pursued by those, who he was pleased to con- 
stitute his Trustees, and risins^ generations will for ages Bless 
the name of their illustrious Friend and Benefactor. 

We thank you, sir, and the other gentlemen, for your early 
communication of the contents of the will as far as it relates 
to us. 

We are, with the most perfect respect, gentlemen, 
Your most ol)edient servants. 

In the name and by order of the Town, 

Town Clerk. 
Henry Hill, Esq., and the 
other gentlemen, Execrs. to 
the last will of the late 
Doctr. Franklin. 

X Town Records, vol. 8, page 1?2. 



22 City Document No. 95. 

The committee further Report, that in their opinion, the 
Trustees appointed by the Doctor, in and by his last Will 
and Testament, are therein fully authorized and impowered 
to carry his lienevolent intentions in said donations into exe- 
cution without any further authority from the Town. 

THOMAS DAWES, 

per order. 

The aforegoing Ecport having been read and considered, 
the question was put, viz. : Whether the same shall be ac- 
cepted. 

Passed in the affirmative.* 

At a meeting of the Selectmen held on the 24th of July, 
1790 

INIr. Edwards and INIr. Crafts, a committee to prepare a 
draught of a letter to the Executors of Dr. Franklin, in 
answer to their letter, and to Rej^ort the same to the Board, f 

At a meeting of the Selectmen held on the 24th of Sep- 
tember, 1790. 

The Selectmen having taken into consideration what re- 
mains to be done by them relative to Dr. Franklin's dona- 
tion, Mr. Price was appointed a committee to write Stephen 
Collins, Esq., requesting that he would preserve copies of 
all the proceedings of the corporation of Philadelphia respect- 
ing Doctor Franklin's donation to that city.:}: 

At a meeting of the Selectmen held on Fob. 23, 1791. 

Mr. Henry Hill, one of the Executors of Dr. Franklin, 
has by his letter of Feb. 1, 1791, acquainted the Selectmen 
that they are now ready to pay in full the sums of £1,000 
and £100 to the person or persons who appear duly author- 
ized to receive and grant receipts for them agreeably to the 
Tenor of the W^ill, as will more fully a})pear by reference to 
the will placed on the tile ot mixed papers for 1791.* 

* Town Records, vol. 8, p. 173. 

t Selectmen's Recoi-ds of 1790, pajje 230. 
+ Selectmen's Records of 1790, pa-^e 239. 

* Selectmen's minutes for 1791, page 253. 



Will of Benjamin Franklin. 23 

At a meeting of the Selectmen held Feb. 28, 1791. 

Mr. Edwards is desired to prepare a Draught of a Power 
of Attorney fjr the Eeceit of Doctor Franklin's Donations. f 

At a meeting of the Selectmen held March 2, 1791. 

Mr. Edwards reported a Power to be sent in order to re- 
ceive and give discharge to the Executors of Doct' Franklin 
for the Donations to this Town, which was approved by the 
Selectmen :]: 

The money was paid to the persons acting as trustees in 
March, 1791. 

At a meeting of the Selectmen held April 5, 1791. 

The Selectmen taking under consideration the Will of Dr. 
Benj. Franklin as it respects his Donation to the Town of 
£1,000 sterling. 

Voted, That as Trustees of said Donation they are to be 
united with the Ministers of the oldest Episcopalian, Cono-re- 
gational and Presbyterian Churches of this Town, and 
whereas there is in this Town no Presbyterian Church. 
Voted : That the said Selectmen united with the Ministers 
of the Old Brick Church, as the first Congregational one, and 
the Minister of the Chapel Church, § as the tirst Episcopalian 
Church are the Trustees of the said Donation.* 

The number of Selectmen in 1788, and up to the year 
1822, the date on which the act incorporating Boston as a 
city, went into effect, was nine. 

After the adoption of the City Charter in 1822, the 
mayor and the aldermen of the city, eight in number, as 
successors of the selectmen of the town, and the ministers 
of the above named churches acted as trustees and managers 
of this donation. 

After the Revised City Charter was adopted in 1854, the 
aldermen then being nine in number, with the ministers, 
and without the mayor, acted as such trustees and manao-ers 
until the year 1890, and since and including 1890, the 
mayor, and the aldermen, twelve in number, with the 
ministers of the three churches named in Franklin's will have 
acted as such trustees and managers. 



t Selectmen's minutes for 1791, page 2o4. 

X Selectmen's minutes I'oi- 1791, page 254. 

J King's Chapel, in Tremont Street, which was at that date an Episcopal Church. 

* ttelectmen's minutes for 1791, page 258. 



24 City Document No. 95. 

At a meeting of the persons actino: as trustees and managers 
of the Franklin Fund held in City Hall, in the city of Boston, 
on Thursday, December 28, 1893, the following-named 
managers of said fund being present, viz., Aldermen Lee, 
Dever, Folsom, Fottler, Maguire, Mitchell, and Sanford, 
and Rev. Charles W. Duane, rector of Christ Church, the 
following vote was unanimously passed : 

''Ordered, That the sum set apart from the general Franklin 
Fund as due to the city of Boston on July 1,1893, viz., $322,- 
490.20 with its accumulations, be paid by the treasurer of 
the fund in January next to the City Treasurer, to constitute 
a special fund for the purchase of land and for the erection 
thereon of the Franklin Trades School and the equipment of 
the same ; said expenditures to be made under the direction 
of such department as may for the time being be charged by 
the statutes and ordinances with the duty of erecting and 
furnishing public Imildings in the city of Boston. The loca- 
tion of and plans for said school to be approved by the man- 
agers of said fund." 

In accordance with this vote there was paid over to the 
City Treasurer of the city of Boston the sum of $329,300.48 
on the 17th day of Januarv, 1894. 

By Chap. 449 of the Acts of 1895, Sect. 22, the Archi- 
tect's Department and the office of the City Architect in the 
city of Boston were abolished, and since the first day of 
July, 1895, when said act went into effect, there has been 
no " department of the city for the time being charged by the 
statutes and ordinances with the duty of erecting and fur- 
nishing public l)uildings in the city of Boston." The persons 
acting as trustees and managers of the Franklin Fund have, 
at various dates, sul)sequent to the said payment of money 
into the treasury of the city of Boston, passed various votes 
in connection with the purchase of land, designed for the 
foundation of a trades school ; but no money has been paid 
from the city treasury for this purpose. 

On the petition of Hon. Josiah Quincy, Mayor of the 
City of Boston, filed in the Probate Court of Suffolk county, 
February 19, 1896 with a copy of Franklin's will and certain 
certificates printed, copies of which copy and certificates are 
hereinbefore set forth, the following decree was entered : 



Will of Benjamin Fkanklin. 25 



COMMONWEALTH OF MASSACHUSETTS. 
Suffolk, ss. 

At a Probate Court holden in Boston, in and for said 
county of Sufiblk, on the twenty-sixth day of March, in the 
year of our Lord one thousand eight hundred and ninety- 
six, on the petition of Josiah Quincy of said Boston, praying 
that a copy of the last will and testament of Benjamin Frank- 
lin, late of Philadelphia in the State of Pennsylvania, deceased, 
testate, may be filed and recorded in the Registry or the 
Probate of this county ; a copy of said will, and of the pro- 
bate thereof, duly authenticated, having been produced 
therewith, and pul)lic notice having been given, according to 
law and the order of Court ; and it appearing that there is 
estate of said deceased in said county of Suffolk, on wdiich 
said will may operate ; and that the original will has been 
proved and allowed in the State of Pennsylvania according 
to the law of said State, and that it ouo;ht to be allowed in 
this commonwealth as the last will and testament of said 
deceased ; it is therefore ordered that the copy of said will 
be filed and recorded in the Registry of Probate of said 
county of Suffolk, pursuant to the statute in that case made 
and provided. 

Robert Grant, 

Judge of Probate Coui't. 

On July 9, 1896, a petition was filed in said Probate 
Court, by the Corporation Counsel of the city, asking for 
the appointment of trustees under said will, and thereafter 
another petition of the Corporation Counsel was substituted 
for the original petition, and two other petitions were filed, 
these petitions are as follows : 

commonwealth of MASSACHUSETTS. 

PROBATE COURT. 

Suffolk, ss. 

To the Honorable the Judge of the Probate Court in and for 
the County of Suffolk: 

Respectfully represents the city of Boston, a municipal 
corporation in said Commonwealth, by Andrew J. Bailey, 
Corporation Counsel of said city. 



2G City Document No. 95. 

That Benjamin Franklin, late of Philadeliihia in the county 
of Philadelphia and commonwealth of Pennsylvania, de- 
ceased, testate A}>ril, 17, 1790, that his will Avas duly 
proved and allowed on April 23, 1790, in the Orphans' 
Court in and for the city and county of Philadelphia 
and commonwealth of Pennsylvania ; that a certitied copy 
of said will with the probate thereon duly authenticated 
was filed and recorded in the Probate Court in and 
for the county of Suffolk according to law ; that said 
testator by said last will gave certain personal estate in 
trust for the uses specified in said will to the inhabitants 
of the town of Boston in Massachusetts ; that said 
testator by said last will provided that said trust estate 
should be " managed under the direction of the Selectmen 
united with the ministers of the oldest Episcopalian, Congre- 
gational, and Presbyterian churches in that town ; " that said 
trust estate at the present time is in this commonwealth, and 
Avithin the county of Suffolk; that by Chap. llO of the 
Acts of the year 1821, and acts in amendment, and in addition 
thereto, the Hoard of Selectmen of said town have been abol- 
ished ; that no trustees have ever been appointed in this 
Commonwealth under said will and codicil ; that Josiah 
Quincy is the Mayor of the city of Boston ; that Perlie A. 
Dyar, David F. Barry, William Berwin, Franklin L. Cod- 
man, John H. Coll)y, Josiah S. Dean, William F. Donovan, 
William J. Donovan, John H. Lee, William H. Lott, Mil- 
ton C. Paige, and Edward W. Presho are the Board of Al- 
dermen of the city of Boston ; that said JNIayor and said 
Board are the successors of the Selectmen of the former town 
of Boston; that Charles W. Duane, Stopford W. Brooke, 
and N. K. MacLennan are deemed to be the pastors respec- 
tively of the oldest Episcopalian, Congregational, and Pres- 
byterian churches in the former town of Boston, and said 
persons are therefore entitled to be ap})()inted as such trus- 
tees. 

Your petitioner therefore prays that after such notice to all 
parties in interest as the Court shall order, the Court will 
appoint said .Josiah Quincy, Perlie A. D^ar, David F. Barry, 
William Berwin, Franklin L. Codman, John H. Colby, Jo- 
siah S. Dean, William F. Donovan, William J. Donovan, 
.John H. Lee, William H. Lott, Milton C. Paige, and Ed- 
ward W. Preslio, united with said ministers Charles W. 
Duane, Stopford W. Brooke, and N. K. MacLennan, as 



Will of Benjamin Franklin. 27 

trustees under said will without giving surety or sureties on 
their official bond. 

City of Boston, 
(Signed) By Andrew J, Bailey, 

Corporation Counsel of the City of Boston. 

After the filing of the above petition " The Citizens' Asso- 
ciation " filed the following petition : 

commonwealth of MASSACHUSETTS. 

IN THE PKOBATE COURT. 

Suffolk, ss. 

To the Honorable Judge of the Probate Court in and for the 
County of /Suffolk: 

Kespectfully represents the Citizens' Association of Boston, 
an organization composed of citizens and taxpayers of said 
city : that Benjamin Franklin, late of Philadelphia in the 
County of Philadelphia and State of Pennsylvania, deceased, 
April 17, 1790, in said Philadelphia: that on the seven- 
teenth day of July, 1780, said Benjamin Franklin made a 
last will and testament was duly proved and allowed on 
April 23, 1790, in the Orphans' Court in and for the city 
and county of Philadelphia and State of Pennsylvania : that 
a certified copy of said will with the probate thereon duly 
authenticate was filed and recorded in the probate court in 
and for the county of Sufi'olk and Commonwealth of Massa- 
chusetts according to law: that said testator by said last 
will gave certain jiersonal property in trust for the benefit* of 
the inhal)itants of Boston in Massachusetts for the uses, 
interet^ts, and purposes specified in said will : that said tes- 
tator by said last will provided that said trust estate shall be 
managed under the direction of the selectmen, united with 
the ministers of the oldest episcopal, congregational, and 
presbyterian churches in that town. Said trust estate at the 
present time is in the Commonwealth within the county of 
Sufiblk : that by chapter 110, of the acts of the year 1821, 
and acts in amendment and addition thereto, the town of 
Boston became the city of Boston in 1822, and the board of 
selectmen was abolished, and that thereby there is and has ' 
been a failure of trustees under said will, and there is no 



28 City Document No. 95. 

provision in said will for the appointment of trustees in case 
of said failure : that Charles AV. Duane, Stopford W. 
Brooke, and Soott F. Hershey are deemed to be the pastors 
respectively of the oldest ejnscopal, congregational churches 
in th(; former town of Boston : that said testator provided in 
said will that at the expiration of one hundrecl years the 
managers of said trust should lay out a part of said trust 
estate, viz. : one hundred thousand in })ul)lic works, and that 
the balance of said fund should be held in trust for said use, 
and at the exi)iration of second hundred years a portion of 
the balance as it then stood was let to the disposition of the 
town of Boston, and the remainder was left to the disposition 
of the government of the State. 

Your ix'titioner therefore alleges that the aforesaid provi- 
sions of said will created a public charity, and of which there 
has been and is a failure of the managers and trustees, and 
your petitioner therefore prays that after such notice to all 
parties in interest, and the attorney-general of the Connnon- 
wealth, as the court shall order, the court will appoint as 
such managers and trustees the said Charles W. Duane, 
Stopford W. Brooke, and N. K. MacLennan, so long as 
they shall respectively remain said pastors, together with 
four other })ersons suitable and competent to undertake and 
fulfil the purposes of said trust. 

(Signed) The Citizens' Association of Boston, 

By CAUSTEN BROWN, 

President. 

And thereafter the attorney-general of the Commonwealth 
of Massachusetts filed the following petition : 

Commonwealth of Massachusetts. 

IN THE PROBATE COURT. 

Suffolk ss : 

To the IloiiorahJe the Judge of the Probate Court in and 
for the Connfy of Suffolk: 

And now comes Hosea ]\1. Knowlton, attorney-general of 
said Commonwealth, and represents to the Court that Benja- 
min Franklin, late of Philadelphia, in the County of Phila- 
delphia, and Commonwealth of Pennsylvania died testate on 



Will of Benjamin Fkanklin. 29 

April 17th, 1790; that his will was duly proved and allowed 
on April 23, 1790, in the Orphans' Court in and for the 
County of Philadelphia and Commonwealth of Pennsylvania ; 
that a certified copy of said will with the probate thereon 
duly authenticated was filed and recorded in the Probate 
Court in and for the county of Suffolk according to law ; that 
said testator by said will gave certain personal estate in trust 
for the uses specified in said will to the inhabitants of the town 
of Boston in Massachusetts and to the disposition of the 
government of the State ; that said testator by said last will 
provided that said trust estate should be managed under the 
direction of the selectmen, united with the ministers of the 
oldest episcopalian, congregational and presbyterian churches 
in that town ; that said trust estate at the present time is in 
this Commonwealth and within the county of Suffolk; that I 
by said will a good pulilic charity was created ; that by chap- 
ter 110, of the acts of the year 1821, and acts in amendment 
and in addition thereto the board of selectmen of said town 
has been abolished ; that no trustees have ever been appointed ^ 
by the Court in this Commonwealth under said will; that>^/ 
Charles W. Duane, Stopford W. Brooke, and N. K. Mac-V 
Lennan are the pastors respectively of the oldest episcopalian, 
congregational and presbyterian churches in said Boston ; 
and that it is necessary that trustees should be appointed to 
fill the position formerly occupied by the selectmen of the 
town of Boston. 

Your petitioner therefore prays that after such notice to 
all parties in interest as the Court shall order, the Court will 
appoint the said Charles W. Duane, Stopford W. Brooke 
and N. K. MacLennan, and such other persons as it shall 
deem fit, trustees under said will. 

(Signed) Hose a M. Knowlton, 

Attorney- General. 

A hearing was had in the Probate Court for Suflblk 
County on the several petitions, February 11th, 1897, and 
thereafter the court passed a decree, a copy of which is as 
follows, viz. : 



30 City Document No. 95. 



COMMONWEALTH OF MASSACHUSETTS. 
Suffolk, ss. 

At ft Probate Court holden at Boston, in and for the 
county of Suffolk, on the eighteenth day of March, in the 
year of our Lord one thousand eight hundred and ninety- 
seven, 

On the petition of Hosea M. Knowlton, Attorney-Gen- 
eral of said Connnonwealth, praying that said Court will 
appoint Charles W. Duane, Stopford W. Brooke, and Alex- 
ander K. MacLennan, being the ministers respectively of 
the oldest Episcopalian, Congregationtil, and Presbyterian 
churches in said Boston, and such other persons as said 
Court shall deem fit trustees under the will of Benjamin 
Franklin, late of Philadelphia in the state of Pennsylvania, 
deceased, a duly authenticated copy of which will and of the 
probate thereof ha\ ing been filed and recorded in the Keg- 
istry of Probate of said county of Suffolk on the twenty- 
sixth day of March, A.D. 1896. It appearing by said will 
that said testator gave certain estate therein described in 
trust for the uses specified in said will to the inhabitants of 
the town of Boston in INIassachusetts to be managed under 
the direction of the Selectmen united with the ministers of 
said churches ; that there are no longer any selectmen in 
said Boston ; that said Charles W. Duane, Stopford W". 
Brooke, and Alexander K. MacLennan are the ministers re- 
spectively of the oldest Episcopalian, Congregational, and 
Presbyterian churches in said Boston and that said gift is a 
public charity. All persons interested in said trust having 
been duly notified according to the order of the Court, and a 
full hearing l)eing had thereon. 

It is decreed that Henry L. lligginson, Francis C. Welch, 
Abraham Shuman, Charles T. Gallagher, all of said Boston; 
said Charles W. Duane, as he is the minister of the oldest 
Episcopalian church in l^oston ; said Stopford W. Brooke, 
as he is the niinistin- of the oldest Congregational church in 
Boston ; and said Alexander Iv. INIacLennan, as he is the 
minister of the oldest Presbyterian church in Boston, be and 
they hereby are appointed trustees as aforesaid. 

Robert Grant, 

Judge of Probate Court. 



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